LOPEZ v. STATE

No. 95-3232.

691 So.2d 64 (1997)

John LOPEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 11, 1997.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Andrea J. Surette, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, Judge.

John Lopez was charged with and convicted of burglary of a dwelling with an assault, two counts of lewd act upon a child, and one count of attempted lewd act upon a child. The victim was a fifteen-year-old emotionally handicapped girl. The events were witnessed by her seven-year-old (eight at the time of testimony) sister. Lopez appeals on several grounds; we affirm in part and reverse in part.

Lopez contends that the eight-year-old girl was...

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